{"id":"collections-for-charitable-purposes-act-1939","name":"Collections for Charitable Purposes Act 1939","slug":"collections-for-charitable-purposes-act-1939","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31779,"registerId":"sa-collections-for-charitable-purposes-act-1939-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Collections for Charitable Purposes Act 1939","content":"South Australia\nCollections for Charitable Purposes Act 1939\nAn Act to provide for the control of persons soliciting money or property for certain charitable purposes; and for other purposes.\n\nContents\n1\tShort title\n4\tInterpretation\n5\tDelegation by Minister\n6\tCollectors must be authorised by licence\n6B\tDisclosure requirements for collectors—unattended collection boxes\n6C\tDisclosure requirements for collectors—other collections\n7\tDisclosure requirements for collectors—entertainments\n8\tGrant of authority by licensee\n9\tRevocation of authority by society etc\n11\tApplication for licence\n12\tConditions of licence etc\n14\tLicences to be issued gratis\n14A\tProvision of information to Minister by Commissioner of Police\n14B\tMinister may require production of documents, records etc\n15\tAccounts, statements and audit\n15A\tAppointment of inspectors\n15B\tPowers of inspectors\n15C\tFalse and misleading statements\n15D\tDishonest, deceptive or misleading conduct\n16\tApplication of money and property for other charitable purposes\n17\tVesting of funds in Minister\n17A\tDisclosure of information relating to Commonwealth registered entities\n17B\tDisclosure of information—general\n18\tExemptions\n18B\tService of notices etc\n18C\tEvidentiary\n19\tProceedings for offences\n20\tRegulations\n21\tSaving provision\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Collections for Charitable Purposes Act 1939.\n4—Interpretation\nIn this Act—\nbody means a body whether corporate or unincorporate;\ncharitable purpose means—\n\t(aa)\tthe provision of, or assistance or support to the provision of, health services (within the meaning of the Health Care Act 2008) or research in the field of health or such health services;\n\t(a)\tthe affording of relief, assistance or support to diseased, disabled, sick, infirm, incurable, poor, destitute, helpless, or unemployed persons, or to the dependents of any such persons;\n\t(b)\tthe relief of distress occasioned by war, whether occasioned in South Australia or elsewhere;\n\t(e)\tthe affording of relief, assistance, or support to persons who are or have been members of the armed forces of Australia or to the dependents of any such persons;\n\t(f)\tthe provision of welfare services for animals;\ncode of practice means a code of practice issued by the Minister and published in the Gazette for the purpose of regulating licensees and those authorised by licensees under this Act;\ncollection contract means a contract under which a person agrees to act as a paid collector for a person, society, body or association;\ncollector—a person acts as a collector if the person (either personally or through the agency of another person)—\n\t(a)\tcollects, or attempts to collect, money or property wholly or partly for a charitable purpose; or\n\t(b)\tcharges, or attempts to charge, for admission to an entertainment in relation to which it is held out that the proceeds are to be devoted wholly or partly to a charitable purpose; or\n\t(c)\tobtains, or attempts to obtain, money wholly or partly for a charitable purpose by the sale of a disc, badge, token, flower, ribbon or other device; or\n\t(d)\tobtains, or attempts to obtain, a bequest, devise or other grant of money or property wholly or partly for a charitable purpose;\nCommonwealth Act means the Australian Charities and Not-for-profits Commission Act 2012 of the Commonwealth;\nCommonwealth Commissioner means the Commissioner of the Australian Charities and Not-for-profits Commission established under the Commonwealth Act;\nCommonwealth registered entity means an entity registered under the Commonwealth Act;\ninspector means a person appointed by the Minister as an inspector under section 15A;\npaid collector—a person acts as a paid collector if the person receives valuable consideration to act as a collector;\nproperty includes real and personal property;\nsection 6 licence means a licence granted under this Act for the purposes of section 6.\n5—Delegation by Minister\n\t(1)\tThe Minister may, by notice in the Gazette, delegate any of the Minister's powers or functions under this Act—\n\t(a)\tto a particular person or body; or\n\t(b)\tto the person for the time being occupying a particular position.\n\t(2)\tA delegation under this section—\n\t(a)\tmay be absolute or conditional; and\n\t(b)\tdoes not derogate from the power of the Minister to act in any matter; and\n\t(c)\tmay be varied or revoked by the Minister by subsequent notice in the Gazette.\n\t(3)\tA power or function delegated under this section may, if the instrument of delegation so provides, be further delegated.\n6—Collectors must be authorised by licence\n\t(1)\tSubject to this section, a person must not act as a collector unless the person holds, or is authorised by the holder of, a section 6 licence.\nMaximum penalty: $8 000.\n\t(2)\tSubsection (1) does not apply if—\n\t(a)\tthe person—\n\t(i)\tonly collects or attempts to collect money or property from persons known to the person or with whom the person regularly associates; and\n\t(ii)\tprovides all of the money or property so collected to the holder of a section 6 licence; and\n\t(iii)\tis not a paid collector; or\n\t(b)\tthe person—\n\t(i)\tonly collects or attempts to collect property for the purpose of affording relief to a particular person or to the dependants of a particular person; and\n\t(ii)\tprovides all of the property so collected to that person or to those dependants; and\n\t(iii)\tis not a paid collector.\n\t(3)\tA Commonwealth registered entity is, on giving written notice to the Minister (in accordance with any requirements of the Minister) of its intention to act as a collector, taken to hold a section 6 licence for the purposes of this Act while the entity remains a Commonwealth registered entity.\n\t(4)\tThe Minister may keep a list of entities who give notice to the Minister under subsection (3) on a website maintained by the Minister.\n\t(5)\tA Commonwealth registered entity's authority to act as a collector under subsection (3) is subject to—\n\t(a)\tthe condition that the entity or any other person authorised by the holder of the licence to act as a collector comply with the code of practice (as in force from time to time); and\n\t(b)\tany other condition imposed by the Minister by notice in writing to the entity.\n\t(6)\tThe Minister may, by notice in writing to the entity, vary or revoke a condition imposed under subsection (5)(b) or add conditions to the entity's authority to act as a collector.\n\t(7)\tThe Minister may, by notice in writing to the entity, suspend or revoke a Commonwealth registered entity's authority to act as a collector on any of the following grounds:\n\t(a)\tthat donations (whether of money or goods) received for charitable purposes by the entity have been mismanaged or misapplied;\n\t(b)\tthat excessive commission or remuneration has been, or is to be, paid to any person acting as a collector under the authority of the entity, or acting in connection with an entertainment conducted under the authority of the entity, out of the proceeds of the collection or entertainment (as the case may be), or that the proportion of those proceeds that is, or is to be, applied towards charitable purposes is for any other reason inadequate;\n\t(c)\tthe entity's contravention of or failure to comply with a condition of the entity's authority to act as a collector or a requirement under this Act;\n\t(d)\tthat any other circumstances exist that justify, in the opinion of the Minister, suspension or revocation of the entity's authority to act as a collector.\n\t(8)\tSuspension of a Commonwealth registered entity's authority to act as a collector under this section may be for a specified period or until the fulfilment of stipulated conditions or until further notice by the Minister.\n\t(9)\tIf the Minister revokes a Commonwealth registered entity's authority to act as a collector under this section, the Minister may prohibit the entity from giving notice under subsection (3) for a specified period or until the fulfilment of stipulated conditions or until further notice by the Minister.\n\t(10)\tIn addition, the following provisions apply in connection with the operation of subsection (3):\n\t(a)\tthe entity will be treated, for the purposes of this Act, as if it had been granted a section 6 licence on the day on which the notice under subsection (3) was given to the Minister (subject to any express provision to the contrary);\n\t(b)\tthe entity's authority to act as a collector under subsection (3) continues until—\n\t(i)\tit is suspended or revoked in accordance with subsection (7); or\n\t(ii)\tthe entity's registration is revoked under the Commonwealth Act (and in such case the entity ceases to be taken to hold a section 6 licence for the purposes of this Act on the day on which the revocation is made);\n\t(c)\tany section 6 licence held by the entity (by virtue of the grant of a licence pursuant to an application under section 11) (an existing licence) in operation at the time of the giving of notice under subsection (3) is cancelled by force of this section;\n\t(d)\tdespite paragraph (c), the requirements of section 15 continue to apply in relation to money collected or received under the existing licence during the financial year or statement period (within the meaning of section 15) in which the existing licence is cancelled.\n6B—Disclosure requirements for collectors—unattended collection boxes\n\t(1)\tA person who acts as a collector by placing an unattended collection box in a public place must ensure that the collection box is marked, in a reasonably prominent position, with the following information:\n\t(a)\tthe name of, and contact details for, the holder of the section 6 licence under which the person is authorised to act as a collector and, if the holder of that licence has previously submitted a statement under section 15(2)(b), particulars of the website maintained by the Minister under section 15(6) or any other website at which the last such statement submitted by the holder of that licence can be inspected;\n\t(b)\tany other information prescribed by regulation.\n\t(2)\tA paid collector who contravenes or fails to comply with subsection (1) is guilty of an offence.\nMaximum penalty: $4 000.\n\t(3)\tThe holder of a section 6 licence must take reasonable steps to ensure that each person authorised to act as a collector by the holder of the licence is aware of his or her obligations under this section and is provided with the information referred to in subsection (1).\nMaximum penalty: $8 000.\n\t(5)\tFor the purposes of this section, a collection box that is not attended by any person who is the holder of a section 6 licence in respect of the collection, or authorised by the holder of such a licence, will be taken to be an unattended collection box.\n\t(6)\tIn this section—\ncollection box includes any form of receptacle for the collection of money, whether the money is to be placed in the receptacle as a donation or for the purchase of a disc, badge, token, flower, ribbon or other device.\n6C—Disclosure requirements for collectors—other collections\n\t(1)\tA person who acts as a collector must tell each person from whom money or property, or a bequest, devise or other grant of money or property, is collected or obtained or attempted to be collected or obtained—\n\t(a)\this or her name or, if the person is issued with a unique identifier by the holder of the section 6 licence under which the person is authorised to act as a collector, that unique identifier; and\n\t(b)\twhether or not the person is acting as a paid collector.\n\t(2)\tHowever, subsection (1) does not apply to a person acting as a collector if the person—\n\t(a)\tcan be seen by the persons from whom money or property, or a bequest, devise or other grant of money or property, is collected or obtained or attempted to be collected or obtained; and\n\t(b)\tis wearing a badge, in a reasonably prominent position, which contains the information specified in subsection (1).\n\t(3)\tA paid collector who contravenes or fails to comply with subsection (1) is guilty of an offence.\nMaximum penalty: $4 000.\n\t(4)\tA person who acts as a collector must, at the request of a person from whom money or property, or a bequest, devise or other grant of money or property, is collected or obtained or attempted to be collected or obtained, provide the following information to the person:\n\t(a)\tthe name of, and contact details for, the holder of the section 6 licence under which the person is authorised to act as a collector;\n\t(ab)\t—\n\t(i)\tin the case of the holder of a section 6 licence that has previously submitted a statement under section 15(2)(b)—particulars of the website maintained by the Minister under section 15(6) or any other website at which the last such statement submitted by the holder of that licence can be inspected; or\n\t(ii)\tin the case of a Commonwealth registered entity taken to hold a section 6 licence for the purposes of this Act that has submitted information under section 15(9)—particulars of the website maintained by the Commonwealth Commissioner under the Commonwealth Act or any other website at which the last such information submitted by the entity can be inspected;\n\t(b)\tany other information prescribed by regulation.\n\t(5)\tA paid collector who contravenes or fails to comply with subsection (4) is guilty of an offence.\nMaximum penalty: $4 000.\n\t(6)\tThe holder of a section 6 licence must take reasonable steps to ensure that each person authorised to act as a collector by the holder of the licence is aware of his or her obligations under this section and is provided with the information referred to in subsection (4).\nMaximum penalty: $8 000.\n\t(8)\tThis section does not apply to a person who acts as a collector in the manner described in section 6B.\n7—Disclosure requirements for collectors—entertainments\n\t(1)\tThis section applies to an entertainment if—\n\t(a)\ta charge is made for admission to the entertainment; and\n\t(b)\tit is held out that the proceeds, or part of the proceeds, of the entertainment are to be devoted to a charitable purpose.\n\t(3)\tIf any speaker or other performer at an entertainment to which this section applies is to be paid a fee or commission of an amount that exceeds, or is likely to exceed, the prescribed amount, the holder of the section 6 licence under which a person is authorised to conduct the entertainment must, at the request of any person, tell the person the amount, or likely amount, of any such fee or commission.\nMaximum penalty: $8 000.\n\t(4)\tFor the purposes of subsection (3), the value of any non‑monetary consideration to be provided to a person (including the value of any travel or accommodation costs to be paid in respect of the person's attendance at the relevant entertainment) must be taken into account in determining the amount of the fee or commission that is to be paid to the person.\n\t(5)\tA person who conducts an entertainment to which this section applies must not cause or permit an advertisement relating to the entertainment to be published by radio, television, newspaper or in any other way or a ticket for admission to the entertainment to be sold unless the advertisement or ticket contains the following information:\n\t(a)\tthe name of, and contact details for, the holder of the section 6 licence under which the person is authorised to conduct the entertainment;\n\t(ab)\t—\n\t(i)\tin the case of the holder of a section 6 licence that has previously submitted a statement under section 15(2)(b)—particulars of the website maintained by the Minister under section 15(6) or any other website at which the last such statement submitted by the holder of that licence can be inspected; or\n\t(ii)\tin the case of a Commonwealth registered entity taken to hold a section 6 licence for the purposes of this Act that has submitted information under section 15(9)—particulars of the website maintained by the Commonwealth Commissioner under the Commonwealth Act or any other website at which the last such information submitted by the entity can be inspected;\n\t(b)\tif subsection (3) applies—a statement indicating that performers payment details can be obtained from the holder of the section 6 licence;\n\t(c)\tany other information prescribed by regulation.\nMaximum penalty: $8 000.\n\t(6)\tIn this section—\nprescribed amount means—\n\t(a)\tif an amount is prescribed by regulation for the purposes of this definition—that amount;\n\t(b)\tif no amount is prescribed by regulation for the purposes of this definition—$5 000.\n8—Grant of authority by licensee\n\t(1)\tAny person, society, body, or association being the holder of a section 6 licence may give any authority referred to in section 6 by any means approved, from time to time, by the Minister either generally or in a particular case.\n\t(2)\tAn authority given by the holder of a section 6 licence may be subject to such conditions as the holder of the licence thinks fit.\n9—Revocation of authority by society etc\n\t(1)\tAny person, society, body, or association being the holder of a licence under this Act who or which gives any authority referred to in section 6 may revoke any such authority, and when any such authority is revoked the person to whom it was given must, if the authority was given in writing, within seven days after notice in writing of the revocation produce and deliver the written authority to such person, society, body or association or to a member of the committee or other governing body of such society, body, or association.\n\t(2)\tA person who fails to produce and deliver a written authority as required by subsection (1) is guilty of an offence.\nMaximum penalty: $8 000.\n11—Application for licence\n\t(1)\tAn application for a licence under this Act must be made to the Minister.\n\t(3)\tThe Minister may, in his or her discretion, grant or refuse a licence to any applicant and will not be liable to any proceedings whatsoever as a consequence of any refusal.\n12—Conditions of licence etc\n\t(1)\tSubject to this section, a licence granted by the Minister under this Act remains in force for the period or periods specified in the licence.\n\t(2)\tA licence may be granted subject to any conditions the Minister thinks fit including (without limitation)—\n\t(a)\tconditions limiting the proportion of the proceeds of collections and entertainments which may be applied as commission or other remuneration to persons acting as collectors under the licence or to other persons concerned in the collections or entertainments to which the licence applies; and\n\t(b)\tconditions requiring the holder of the licence or any other person authorised by the holder of the licence, to comply with the provisions of the code of practice (as in force from time to time).\n\t(3)\tThe Minister may, at any time, by notice in writing to the licensee, vary or revoke the conditions on which a licence was granted under this Act or add conditions to a licence granted under this Act.\n\t(4)\tThe Minister may, by notice in writing to the licensee, suspend or revoke a licence on any of the following grounds:\n\t(a)\tthat donations (whether of money or goods) received for charitable purposes by the licensee have been mismanaged or misapplied; or\n\t(b)\tthat excessive commission or remuneration has been, or is to be, paid to any person acting as a collector under the licence, or acting in connection with the conduct of an entertainment to which the licence relates, out of the proceeds of the collection or entertainment (as the case may be), or that the proportion of those proceeds that is, or is to be, applied towards charitable purposes is for any other reason inadequate; or\n\t(ba)\tthe licensee's contravention of or failure to comply with a condition of the licence or a requirement under this Act; or\n\t(c)\tthat any other circumstances exist that justify, in the opinion of the Minister, suspension or revocation of the licence.\n\t(5)\tSuspension of a licence under this section may be for a specified period or until the fulfilment of stipulated conditions or until further notice by the Minister.\n\t(6)\tThis section does not apply to a licence that is, under section 6(3), taken to be held by a Commonwealth registered entity.\n14—Licences to be issued gratis\nNo fee may be charged for any licence under this Act.\n14A—Provision of information to Minister by Commissioner of Police\n\t(1)\tThe Commissioner of Police must, at the Minister's request, make available to the Minister criminal history information of a kind specified by the Minister about an applicant for, or the holder of, a licence under this Act or a member of the committee or other governing body of a society, body or association that is an applicant for, or the holder of, such a licence.\n\t(2)\tIn this section—\ncriminal history information about a person means information about criminal convictions and other information to which the Commissioner of Police has access relevant to the character and antecedents of the person.\n14B—Minister may require production of documents, records etc\n\t(1)\tThe Minister may, by written notice, require a person to produce records, documents or other information in the person's possession connected with an activity for which a licence is required under this Act, within a time and in a manner specified in the notice.\n\t(2)\tThe Minister may retain the records, documents or other information for as long as is reasonably necessary for the purposes of copying or taking extracts from the records, documents or information.\n\t(3)\tA person who, without reasonable excuse (proof of which lies on the person), refuses or fails to comply with a requirement under this section is guilty of an offence.\nMaximum penalty: $8 000.\n15—Accounts, statements and audit\n\t(1)\tIf the holder of a licence under this Act collects or receives money for a charitable purpose during a financial year or other period specified in the licence (the statement period), the holder of the licence must—\n\t(a)\tkeep proper accounts relating to the money; and\n\t(b)\tafter the end of the statement period, have the accounts audited by a person who is authorised to audit the accounts of a prescribed association under Part 4 Division 2 of the Associations Incorporation Act 1985 or is approved by the Minister for the purposes of this section.\n\t(2)\tThe holder of a licence under this Act must, at the time or times fixed in the licence, provide to the Minister—\n\t(a)\ta copy of the audited accounts for the last ending statement period; and\n\t(b)\ta statement setting out—\n\t(i)\tthe amount of money collected or received by the licensee during the last ending statement period; and\n\t(ii)\tthe costs associated with collection or receipt of the money; and\n\t(iii)\tthe manner in which the money has been dealt with; and\n\t(iv)\tany other information required by the Minister.\n\t(3)\tThe Minister may at any time, by notice in writing to the holder of a licence, require the holder of the licence to provide to the Minister, within a specified time, a statement setting out specified information relating to money or property collected or received by the holder of the licence for charitable purposes.\n\t(5)\tIf the holder of a licence under this Act sells, or otherwise converts into money, any property collected or received by the holder of the licence for a charitable purpose, the money so obtained is, for the purposes of this section, money collected or received by the holder of the licence for a charitable purpose.\n\t(6)\tThe Minister may publish on a website maintained by the Minister any information provided by the holder of a licence under this section and must publish—\n\t(a)\tthe name of, and contact details for, any person who holds a licence under this Act; and\n\t(b)\tthe contents of any statement submitted to the Minister under subsection (2)(b) or a summary of, or extract from, any such statement.\n\t(7)\tThe holder of a licence who contravenes or fails to comply with a provision of this section is guilty of an offence.\nMaximum penalty: $8 000.\n\t(7a)\tIf a body corporate is guilty of an offence against this section, each member of the governing body of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence if the prosecution proves that—\n\t(a)\tthe member knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and\n\t(b)\tthe member was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and\n\t(c)\tthe member failed to exercise due diligence to prevent the commission of the offence.\n\t(7b)\tIf an unincorporated body is guilty of an offence against this section, each member of the unincorporated body is guilty of an offence and liable to the same penalty as is prescribed for the principal offence if the prosecution proves that—\n\t(a)\tthe member knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and\n\t(b)\tthe member was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and\n\t(c)\tthe member failed to exercise due diligence to prevent the commission of the offence.\n\t(8)\tIt is a defence to a charge of an offence under this section other than an offence against subsection (7a) or (7b) if the defendant proves that the offence occurred without the defendant's knowledge or consent.\n\t(9)\tIf a Commonwealth registered entity taken to hold a section 6 licence for the purposes of this Act has, in respect of a particular period—\n\t(a)\tsubmitted to the Commonwealth Commissioner an information statement that the entity is required to prepare under the Commonwealth Act and, if relevant, a financial report together with any auditor's report or reviewer's report that the entity is required to obtain under that Act; and\n\t(b)\tsubmitted to the Minister any other information required by the Minister,\nthe entity is exempt from the operation of subsections (1), (2) and (7) in relation to that period.\n\t(10)\tA document or information required to be provided to the Minister under this section must be provided in accordance with any requirements specified by the Minister (including requirements as to the form and verification of the document or information, or the time or manner in which it is to be provided).\n15A—Appointment of inspectors\n\t(1)\tThe Minister may appoint inspectors for the purposes of this Act.\n\t(2)\tThe Minister must provide each inspector with an identity card which the inspector must produce on request.\n15B—Powers of inspectors\n\t(1)\tFor the purposes of ascertaining whether the provisions of this Act are being complied with and subject to this section, an inspector may enter any place in which the inspector suspects, on reasonable grounds, there may be evidence or records connected with an activity for which a licence is required under this Act.\n\t(2)\tAn inspector must not enter a place used as a residence unless—\n\t(a)\tthe occupier consents; or\n\t(b)\tthe inspector is authorised by warrant under subsection (3).\n\t(3)\tA magistrate may, if satisfied on the application of an inspector that there is a proper ground for doing so, issue a warrant authorising an inspector to enter a place used as a residence.\n\t(4)\tWhile an inspector is in or on any place under this section, the inspector may do one or more of the following:\n\t(a)\tinspect or search the place or anything in the place;\n\t(b)\trequire a person in the place to—\n\t(i)\tproduce documents (which may include a written record reproducing in an understandable form information stored by computer, microfilm or other process) that are in the person's custody or control; and\n\t(ii)\tanswer any questions put by the inspector;\n\t(c)\tinspect documents produced to the inspector and retain them for so long as is reasonably necessary for the purpose of copying or taking extracts from them;\n\t(d)\ttake photographs, films, audio, video or other recordings;\n\t(e)\tif the inspector suspects on reasonable grounds that an offence has been committed, seize and retain anything that the inspector believes affords evidence of the offence;\n\t(f)\tgive such directions as are reasonably necessary for, or as are incidental to, the effective exercise of the inspector's powers under this section.\n\t(5)\tA person who—\n\t(a)\thinders or obstructs an inspector in the exercise of powers under this section; or\n\t(b)\tfails, without reasonable excuse, to comply with a requirement of an inspector under this section; or\n\t(c)\tfails, without reasonable excuse, to answer, to the best of the person's knowledge, information and belief, a question put by an inspector; or\n\t(d)\tfalsely represents that he or she is an inspector, is guilty of an offence.\nMaximum penalty: $8 000.\n\t(6)\tAn inspector may, in exercising powers under this section, be accompanied by such assistants as are reasonably necessary for the purpose.\n\t(6a)\tAn inspector may require that the answer to a question under this section be verified by statutory declaration or given under oath.\n\t(7)\tA person may decline to answer a question put under this section if the answer would tend to incriminate the person of an offence.\n15C—False and misleading statements\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided under this Act.\nMaximum penalty: $8 000.\n15D—Dishonest, deceptive or misleading conduct\nA person who, in the conduct of an activity that is or is required to be authorised by a licence under this Act, acts in a dishonest, deceptive or misleading manner is guilty of an offence.\nMaximum penalty: $15 000 or imprisonment for 4 years.\n16—Application of money and property for other charitable purposes\n\t(1)\tWhere, in the opinion of the Minister, it is impracticable to apply money or property collected or received pursuant to a licence under this Act or to apply the proceeds of an entertainment conducted pursuant to a licence under this Act for the charitable purpose for which the money or property was collected or received, or to which the proceeds of the entertainment were to be devoted, the Governor may, by proclamation made on the recommendation of the Minister, direct the person, society, body or association concerned to apply the money or property for a similar charitable purpose specified in the proclamation or to give them to another person, society, body or association to be applied for that charitable purpose.\n\t(2)\tIn subsection (1)—\nmoney includes money accruing from investment of money referred to in that subsection.\n17—Vesting of funds in Minister\n\t(1)\tThe Governor may, by proclamation, vest in the Minister the moneys and securities for moneys held for any charitable purpose by or on behalf of any person, society, body, or association to whom or to which a licence is or has been issued under this Act, on being satisfied—\n\t(a)\tthat a majority of at least three-fourths in number of the persons who are trustees or who have the control of the moneys or securities for money have consented to the vesting; or\n\t(b)\tthere has been maladministration of the moneys or securities.\n\t(2)\tSubject to subsection (3), the moneys and securities vested in the Minister by a proclamation under this section will be held on the trusts on which they were held immediately before being vested in the Minister.\n\t(3)\tThe Governor may, by proclamation, vary the trusts and authorise the Minister to apply the moneys and securities, or any part of the moneys and securities, to charitable purposes specified in the proclamation.\n17A—Disclosure of information relating to Commonwealth registered entities\nThe Minister may enter into an agreement with the Commonwealth Commissioner in relation to—\n\t(a)\tthe manner in which Commonwealth registered entities may provide information for the purposes of this Act; and\n\t(b)\tthe provision of information obtained under the Commonwealth Act to the Minister for the purposes of this Act.\n17B—Disclosure of information—general\nThe Minister may disclose information gained in the course of the administration of this Act—\n\t(a)\tto authorities responsible for the administration of laws relating to acting as a collector in other States and Territories of the Commonwealth; and\n\t(b)\tto any other authorities that may require the information for the purpose of discharging duties of a public nature; and\n\t(c)\tto any other person, or in any other way, the Minister considers (in his or her absolute discretion) appropriate in the public interest.\n18—Exemptions\n\t(1)\tThe Minister may, on application by a person, society, body or association exempt the person, society, body or association from compliance with specified provisions of this Act.\n\t(2)\tAn exemption is subject to the conditions (if any) imposed by the Minister.\n\t(3)\tThe Minister may, at his or her discretion, vary or revoke an exemption.\n\t(4)\tThe grant or a variation or revocation of an exemption may be published on a website maintained by the Minister.\n18B—Service of notices etc\n\t(1)\tSubject to this Act, a notice or document required or authorised by this Act to be given to or served on a person may—\n\t(a)\tbe served on the person personally; or\n\t(b)\tbe posted in an envelope addressed to the person at the person's last known address; or\n\t(c)\tif the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be given to or served on the person in accordance with that Act.\n\t(2)\tWithout limiting the effect of subsection (1), a notice or document required or authorised by this Act to be given to or served on the holder of a licence under this Act may—\n\t(a)\tbe posted in an envelope addressed to the licensee at the licensee's address for service; or\n\t(b)\tbe left for the licensee at the licensee's address for service with someone apparently over the age of 16 years; or\n\t(c)\tbe transmitted by facsimile transmission to a facsimile number provided by the licensee (in which case the notice or document will be taken to have been given or served at the time of transmission).\n\t(3)\tThe address for service of the holder of a licence under this Act is the address of which the Minister has been last notified in writing by the licensee as the licensee's address for service.\n18C—Evidentiary\nIn proceedings for an offence against this Act, an allegation in the complaint that a specified person or body was or was not—\n\t(a)\tat a specified time the holder of a section 6 licence; or\n\t(b)\tauthorised by the holder of a section 6 licence to carry out specified activities,\nis, in the absence of proof to the contrary, proof of the matter alleged.\n19—Proceedings for offences\n\t(1)\tNo prosecution for an offence against this Act may be instituted without the approval in writing of the Minister.\n\t(2)\tUnless proof to the contrary is given, any document purporting to be signed by the Minister and to be an approval by the Minister under subsection (1) is, without any further proof or proof of the signature of the Minister, sufficient proof before any court of the giving of the approval.\n20—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act or are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting subsection (1), the regulations may—\n\t(a)\trequire information of a kind prescribed by the regulations to be displayed on receptacles that are left in public places to enable members of the public to make gifts of property for charitable purposes or to dispose of unwanted property;\n\t(b)\tprohibit the display of information of a kind prescribed by the regulations on receptacles referred to in paragraph (a);\n\t(c)\tregulate the form in which information may be displayed on receptacles referred to in paragraph (a);\n\t(d)\timpose a fine (not exceeding $4 000) for breach of, or non‑compliance with, the regulations.\n21—Saving provision\nThe provisions of this Act are in addition to and not in substitution for any other provisions by or under which collections of money are controlled.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Collections for Charitable Purposes Act 1939 repealed the following:\nCollections for Unemployment Act 1930\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1939\n16\nCollections for Charitable Purposes Act 1939\n22.11.1939\n1.2.1940 (Gazette 23.11.1939 p1379)\n1947\n18\nCollections for Charitable Purposes Act Amendment Act 1947\n6.11.1947\n6.11.1947\n1982\n21\nCollections for Charitable Purposes Act Amendment Act 1982\n18.3.1982\n1.4.1982 (Gazette 1.4.1982 p949)\n1995\n66\nCollections for Charitable Purposes (Licensing and Miscellaneous) Amendment Act 1995\n17.8.1995\n2.11.1995 (Gazette 2.11.1995 p1232)\n1999\n14\nCollections for Charitable Purposes (Definition of Charitable Purpose) Amendment Act 1999\n1.4.1999\n1.4.1999\n2007\n41\nCollections for Charitable Purposes (Miscellaneous) Amendment Act 2007\n25.10.2007\n1.9.2008 (Gazette 3.7.2008 p3203)\n2009\n84\nStatutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 34 (s 63)—1.2.2010 (Gazette 28.1.2010 p320)\n2013\n16\nStatutes Amendment (Directors' Liability) Act 2013\n23.5.2013\nPt 10 (s 14)—17.6.2013 (Gazette 6.6.2013 p2498)\n2016\n24\nStatutes Amendment (Commonwealth Registered Entities) Act 2016\n2.6.2016\nPt 3 (ss 7—21), Schs 1 & 2—1.12.2016 (Gazette 27.10.2016 p4237)\nProvisions amended since 3 February 1976\n\t•\tLegislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 2 of The Public General Acts of South Australia 1837-1975 at page 202.\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n\n\namended by 41/2007 Sch 1\n1.9.2008\nss 2 and 3\nomitted under Legislation Revision and Publication Act 2002\n\ns 4\n\n\nbody\ninserted by 66/1995 s 3(a)\n2.11.1995\ncharitable purpose\namended by 66/1995 s 3(b), (d)\n2.11.1995\n\n(c) and (d) deleted by 66/1995 s 3(c)\n2.11.1995\n\namended by 14/1999 s 2\n1.4.1999\n\namended by 24/2016 s 7(1), (2)\n1.12.2016\ncode of practice\ninserted by 24/2016 s 7(3)\n1.12.2016\ncollection contract\ninserted by 66/1995 s 3(e)\n2.11.1995\n\nsubstituted by 41/2007 s 4\n1.9.2008\ncollector\ninserted by 41/2007 s 4\n1.9.2008\n\nsubstituted by 24/2016 s 7(4)\n1.12.2016\nCommonwealth Act\ninserted by 24/2016 s 7(4)\n1.12.2016\nCommonwealth Commissioner\ninserted by 24/2016 s 7(4)\n1.12.2016\nCommonwealth registered entity\ninserted by 24/2016 s 7(4)\n1.12.2016\ninspector\ninserted by 41/2007 s 4\n1.9.2008\nMinister\ndeleted by 41/2007 s 4\n1.9.2008\npaid collector\ninserted by 41/2007 s 4\n1.9.2008\nproperty\ninserted by 41/2007 s 4\n1.9.2008\nsection 6 licence\ninserted by 66/1995 s 3(f)\n2.11.1995\nsection 6A licence\ninserted by 66/1995 s 3(f)\n2.11.1995\n\ndeleted by 24/2016 s 7(5)\n1.12.2016\nsection 7 licence\ninserted by 66/1995 s 3(f)\n2.11.1995\n\ndeleted by 24/2016 s 7(6)\n1.12.2016\ns 5\ndeleted by 66/1995 s 4\n2.11.1995\ns 5\ninserted by 41/2007 s 5\n1.9.2008\ns 6 before substitution by 41/2007\n\n\ns 6(1)\namended by 66/1995 s 5(a)\n2.11.1995\ns 6(2)\namended by 66/1995 s 5(b)\n2.11.1995\ns 6(3)\namended by 66/1995 s 5(c)\n2.11.1995\ns 6\nsubstituted by 41/2007 s 5\n1.9.2008\ns 6(1)\namended by 24/2016 s 8(1), Sch 2\n1.12.2016\ns 6(3)—(10)\ninserted by 24/2016 s 8(2)\n1.12.2016\ns 6A\ninserted by 66/1995 s 6\n2.11.1995\n\nsubstituted by 41/2007 s 5\n1.9.2008\n\ndeleted by 24/2016 s 9\n1.12.2016\ns 6B\ninserted by 41/2007 s 5\n1.9.2008\ns 6B(2) and (3)\namended by 24/2016 Sch 2\n1.12.2016\ns 6B(4)\ndeleted by 24/2016 s 10\n1.12.2016\ns 6C\ninserted by 41/2007 s 5\n1.9.2008\ns 6C(3)\namended by 24/2016 Sch 2\n1.12.2016\ns 6C(4)\namended by 24/2016 s 11(1)\n1.12.2016\ns 6C(5) and (6)\namended by 24/2016 Sch 2\n1.12.2016\ns 6C(7)\ndeleted by 24/2016 s 11(2)\n1.12.2016\ns 7 before substitution by 41/2007\n\n\ns 7(1)\namended by 66/1995 s 7(a)\n2.11.1995\ns 7(2)\namended by 66/1995 s 7(b)\n2.11.1995\ns 7(3)\namended by 66/1995 s 7(c)\n2.11.1995\ns 7(4)\namended by 66/1995 s 7(d)\n2.11.1995\ns 7\nsubstituted by 41/2007 s 5\n1.9.2008\ns 7(2)\ndeleted by 24/2016 s 12(1)\n1.12.2016\ns 7(3)\namended by 24/2016 s 12(2), Sch 2\n1.12.2016\ns 7(5)\namended by 24/2016 s 12(3), (4), Sch 2\n1.12.2016\ns 8\n\n\ns 8(1)\namended by 66/1995 s 8\n2.11.1995\n\namended by 41/2007 Sch 1\n1.9.2008\n\namended by 24/2016 s 13\n1.12.2016\ns 8(2)\namended by 66/1995 s 8\n2.11.1995\n\nsubstituted by 41/2007 Sch 1\n1.9.2008\n\namended by 24/2016 s 13\n1.12.2016\ns 9\n\n\ns 9(1)\namended by 41/2007 Sch 1\n1.9.2008\n\namended by 24/2016 s 14\n1.12.2016\ns 9(2)\namended by 66/1995 s 9\n2.11.1995\n\nsubstituted by 41/2007 Sch 1\n1.9.2008\n\namended by 24/2016 Sch 2\n1.12.2016\ns 10\ndeleted by 21/1982 s 3\n1.4.1982\ns 11\n\n\ns 11(1)\namended by 21/1982 s 4(a)\n1.4.1982\n\namended by 41/2007 Sch 1\n1.9.2008\ns 11(2)\namended by 21/1982 s 4(b)\n1.4.1982\n\namended by 66/1995 s 10\n2.11.1995\n\namended by 41/2007 Sch 1\n1.9.2008\n\ndeleted by 24/2016 s 15\n1.12.2016\ns 11(3)\namended by 21/1982 s 4(c)\n1.4.1982\n\namended by 41/2007 Sch 1\n1.9.2008\ns 12\n\n\ns 12(1)\namended by 66/1995 s 11(a)\n2.11.1995\n\nsubstituted by 41/2007 s 6(1)\n1.9.2008\n\nsubstituted by 24/2016 s 16(1)\n1.12.2016\ns 12(1a)\ninserted by 66/1995 s 11(b)\n2.11.1995\n\ndeleted by 41/2007 s 6(1)\n1.9.2008\ns 12(2)\nsubstituted by 41/2007 s 6(1)\n1.9.2008\n\namended by 24/2016 s 16(2)\n1.12.2016\ns 12(2a)\ninserted by 66/1995 s 11(c)\n2.11.1995\n\ndeleted by 41/2007 s 6(1)\n1.9.2008\ns 12(3)\nsubstituted by 41/2007 s 6(1)\n1.9.2008\n\namended by 24/2016 s 16(3)\n1.12.2016\ns 12(4)\ninserted by 21/1982 s 5\n1.4.1982\n\namended by 66/1995 s 11(d)\n2.11.1995\n\namended by 41/2007 s 6(2)—(4)\n1.9.2008\n\namended by 24/2016 s 16(4), (5)\n1.12.2016\ns 12(5) and (6)\ninserted by 24/2016 s 16(6)\n1.12.2016\ns 13\ndeleted by 21/1982 s 6\n1.4.1982\ns 14\namended by 41/2007 Sch 1\n1.9.2008\nss 14A and 14B\ninserted by 24/2016 s 17\n1.12.2016\ns 15 before substitution by 41/2007\n\n\ns 15(1)\ninserted by 66/1995 s 12(a)\n2.11.1995\ns 15(2)\ns 15(1) redesignated as s 15(2) by 66/1995 s 12(b)\n2.11.1995\n\namended by 66/1995 s 12(c), (d)\n2.11.1995\ns 15(3)\ns 15(2) redesignated as s 15(3) by 66/1995 s 12(b)\n2.11.1995\n\nsubstituted by 66/1995 s 12(e)\n2.11.1995\ns 15(4)\ns 15(3) redesignated as s 15(4) by 66/1995 s 12(b)\n2.11.1995\n\namended by 66/1995 s 12(f)\n2.11.1995\ns 15\nsubstituted by 41/2007 s 7\n1.9.2008\ns 15(3)\nsubstituted by 24/2016 s 18(1)\n1.12.2016\ns 15(4)\ndeleted by 24/2016 s 18(1)\n1.12.2016\ns 15(6)\nsubstituted by 24/2016 s 18(2)\n1.12.2016\ns 15(7)\nsubstituted by 16/2013 s 14(1)\n17.6.2013\n\namended by 24/2016 Sch 2\n1.12.2016\ns 15(7a) and (7b)\ninserted by 16/2013 s 14(1)\n17.6.2013\ns 15(8)\namended by 16/2013 s 14(2)\n17.6.2013\ns 15(9) and (10)\ninserted by 24/2016 s 18(3)\n1.12.2016\ns 15A\ninserted by 41/2007 s 7\n1.9.2008\ns 15B\ninserted by 41/2007 s 7\n1.9.2008\ns 15B(5)\namended by 24/2016 Sch 2\n1.12.2016\ns 15B(6a)\ninserted by 24/2016 s 19\n1.12.2016\ns 15C\ninserted by 41/2007 s 7\n1.9.2008\n\namended by 24/2016 Sch 2\n1.12.2016\ns 15D\ninserted by 41/2007 s 7\n1.9.2008\n\namended by 24/2016 Sch 2\n1.12.2016\ns 16\nsubstituted by 66/1995 s 13\n2.11.1995\ns 16(1)\namended by 41/2007 Sch 1\n1.9.2008\ns 17\n\n\ns 17(1)\namended by 41/2007 Sch 1\n1.9.2008\ns 17(2) and (3)\nsubstituted by 41/2007 Sch 1\n1.9.2008\ns 17(4)\ndeleted by 41/2007 Sch 1\n1.9.2008\nss 17A and 17B\ninserted by 24/2016 s 20\n1.12.2016\ns 18\nsubstituted by 41/2007 s 8\n1.9.2008\ns 18A\ninserted by 41/2007 s 8\n1.9.2008\n\ndeleted by 84/2009 s 63\n1.2.2010\ns 18B\ninserted by 41/2007 s 8\n1.9.2008\ns 18C\ninserted by 41/2007 s 8\n1.9.2008\n\namended by 24/2016 s 21(1)—(3)\n1.12.2016\ns 19\n\n\ns 19(1) and (2)\namended by 41/2007 Sch 1\n1.9.2008\ns 20\nsubstituted by 66/1995 s 14\n2.11.1995\ns 20(2)\namended by 41/2007 Sch 1\n1.9.2008\n\namended by 24/2016 Sch 2\n1.12.2016\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Commonwealth Registered Entities) Act 2016, Sch 1—Transitional provisions\n1—Preliminary\nIn this Schedule—\nprincipal Act means the Collections for Charitable Purposes Act 1939.\n2—Repeal of section 6A—reporting requirements\n\t(1)\tDespite the repeal of section 6A of the principal Act, the requirements of section 15 of the principal Act will continue to apply to the holder of a section 6A licence in relation to money collected or received under the licence during the financial year in which the repeal occurs.\n\t(2)\tIn this clause—\nsection 6A licence means a section 6A licence under the principal Act as in force immediately before the commencement of this clause.\n3—Repeal of section 7—licences to continue as section 6 licences\nThe holder of a section 7 licence under the principal Act as in force immediately before the commencement of this clause will, after that commencement, be taken to be the holder of a section 6 licence under the principal Act, and such a licence will—\n\t(a)\tbe held subject to the same conditions as the section 7 licence; and\n\t(b)\tremain in force for the period specified in that licence.\nHistorical versions\nReprint No 1—1.7.1991\n\nReprint No 2—2.11.1995\n\nReprint No 3—1.4.1999\n\n1.9.2008\n\n1.2.2010\n\n17.6.2013\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has materially broadened and modernised its scope from its original 1939 focus on controlling street and local charitable collections. Key expansions include: (a) treating Commonwealth registered entities (ACNC‑registered charities) as licence‑holders on notification, with consequent data‑sharing and alternate reporting (sections 6(3), 15(9), 17A); (b) new disclosure rules for unattended collection boxes, paid collectors and entertainment events (sections 6B, 6C, 7) introduced in later amendments; (c) creation of a code of practice and stronger ministerial regulatory powers and publication obligations (code of practice definition, sections 5, 12, 15(6), 17B); (d) enhanced inspector powers and statutory‑declaration requirements for investigations (sections 15A, 15B(6a)); and (e) insertion of governing‑body liability for failures to prevent breaches (sections 15(7a)–(7b)). These changes extend the Act beyond simple licensing of street collectors to a comprehensive regulatory regime for modern fundraising, financial reporting and enforcement."},"complexity_factors":["Multiple defined terms with targeted meanings (e.g. collector, paid collector, section 6 licence, Commonwealth registered entity) increasing interpretive detail (section 4)","Cross‑jurisdictional integration with Commonwealth law (ACNC) creating deemed licences and alternate reporting paths (sections 6(3), 15(9), 17A)","Substantial ministerial discretion to set conditions, a code of practice, grant exemptions and publish or disclose information (sections 5, 12, 18, code of practice definition, 17B)","Several offence types with different maximum penalties and overlapping application (disclosure offences, false statements, dishonest conduct, obstructing inspectors) (sections 6B, 6C, 15C, 15D, 15B(5))","Detailed compliance regime requiring audited accounts, specified statements, prescribed forms and ministerial directions (section 15 and section 15(10))","Inspector powers with warrant rules, seizure, retention and compelled answers (sections 15A, 15B), including evidentiary and statutory‑declaration provisions (15B(6a))","Conditional exemptions and transitional rules linked to historical amendments and repeals (section 18 and transitional provisions from 2016 amendments)","Interlocking publishing, evidence and service rules (sections 15(6), 18B, 18C) that affect practical enforcement and procedural steps","Directors’/governing‑body liability provisions that mirror corporate due‑diligence tests, adding personal liability complexity (sections 15(7a)–(7b))"],"plain_english_summary":"This Act requires anyone who solicits money or property for charity in South Australia to hold a licence (or be authorised by a licence‑holder), treats ACNC‑registered charities as licence‑holders if they notify the Minister, and imposes record‑keeping, audit, public reporting and donor‑disclosure rules (collection boxes, street collections, entertainments). It also grants inspectors and the Minister broad powers to set conditions, publish information, and vary, suspend or revoke licences.\n\nIt chiefly affects charities, paid collectors and governing‑body members — increasing transparency but adding compliance costs, enforcement risk and significant ministerial discretion."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Insufficient data to assess scope changes — the legislative text was inaccessible due to a broken URL. Based on general knowledge, this Act has been amended over the decades since 1939, but its core purpose of regulating public charitable collections in South Australia is understood to have remained consistent. A proper scope assessment requires access to the current consolidated version of the Act."},"complexity_factors":["Act dates from 1939 and may use archaic legal drafting language","Involves licensing and regulatory compliance requirements that can be administratively complex","Interacts with federal charity law (Australian Charities and Not-for-profits Commission Act) creating potential overlap","Exemptions and definitions of 'charitable purpose' can be contested and nuanced","NOTE: Actual complexity could not be assessed as the legislative text was unavailable — this score is estimated based on general knowledge of comparable legislation"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Collections for Charitable Purposes Act 1939 (SA)** could not be retrieved. The link provided returned a **\"Page Not Found\" error** from the South Australian legislation website, likely due to a website restructure that occurred around **24 March 2026**.\n\n### What we do know about this Act (general knowledge):\nThe *Collections for Charitable Purposes Act 1939* is a **South Australian law** that historically regulated how charities and organisations could **collect money or goods from the public**. In broad terms, laws like this typically:\n- **Require organisations to be licensed or authorised** before they can fundraise from the public\n- **Protect donors** from fraudulent or misleading charity appeals\n- **Set rules** about how collected funds must be used and accounted for\n- **Give regulators power** to investigate and penalise dodgy operators\n\n### Who it affects:\n- Charities and non-profit organisations operating in South Australia\n- Fundraisers and volunteers collecting on behalf of organisations\n- Members of the public who donate to charitable appeals\n\n> ⚠️ **Important:** Because the actual legislative text was not available for analysis, the assessments below are based on general knowledge of this Act and cannot be verified against the current version of the law. Treat this as a guide only — consult a lawyer or the [SA legislation website](https://www.legislation.sa.gov.au) directly for accurate information."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 1939 scope of controlling 'persons soliciting money for certain charitable purposes.' Major expansions include: (1) 2007 amendments added comprehensive disclosure regimes for unattended collection boxes, face-to-face collectors, and entertainments; (2) 2007 amendments introduced inspector powers, search warrants, and director liability provisions creating a full regulatory enforcement framework; (3) 2016 amendments fundamentally restructured the licensing system to integrate with national charity regulation (ACNC), creating a dual-track system where Commonwealth-registered entities are deemed licensed. The original Act was a simple licensing scheme; it is now a complex co-regulatory framework spanning state and federal systems with extensive transparency, audit, and enforcement mechanisms."},"complexity_factors":["Multiple overlapping licensing pathways: traditional section 6 licences, automatic deemed licences for Commonwealth registered entities (s 6(3)), and historical transitional provisions (Schedule 1)","Nested disclosure requirements across three separate sections (6B, 6C, 7) with specific exceptions (e.g., s 6C(2) badge exception, s 6C(8) exclusion for unattended boxes)","Dual penalty structures distinguishing between 'paid collectors' and licence holders (e.g., s 6B(2) vs s 6B(3))","Complex cross-referencing with Commonwealth legislation (Australian Charities and Not-for-profits Commission Act 2012) including mutual information sharing agreements (s 17A) and exemption pathways (s 15(9))","Conditional audit and reporting requirements with multiple exemptions and alternative compliance pathways (s 15(9) for Commonwealth entities)","17 defined terms in s 4, several with nested sub-definitions (e.g., 'charitable purpose' has 6 categories including health services added in 2016)","Director/officer liability provisions with three-part fault elements (s 15(7a)-(7b)) requiring proof of knowledge, position to influence, and failure of due diligence","Evidentiary presumptions reversing burden of proof (s 18C) and specific defence provisions (s 15(8))","Ministerial discretion powers throughout (licence conditions s 12(2), exemptions s 18, revocation grounds s 12(4)) with limited procedural constraints"],"plain_english_summary":"**What this law does:**\n\nThis is South Australia's main law controlling **charitable fundraising**. It makes sure that when someone asks you for money for charity, they're legitimate and the money actually goes where it's supposed to.\n\n**Who needs a licence:**\n\nGenerally, anyone collecting money or property for charitable purposes needs a **licence** (called a \"section 6 licence\") or must be authorised by someone who has one. However, there are important exceptions:\n\n*   **Small-scale collections** among friends and family don't need a licence\n*   **Commonwealth registered charities** (registered with the national ACNC regulator) are automatically treated as licensed once they notify the Minister—they don't need a separate SA licence\n\n**Key rules collectors must follow:**\n\n*   **Unattended collection boxes** (like those in shopping centres) must clearly show the charity's name, contact details, and where financial records can be viewed online\n*   **Face-to-face collectors** must tell you their name (or ID number) and whether they're being paid\n*   **Charity events/entertainments** must disclose the charity's details on tickets and advertising, and reveal if performers are being paid large fees (over $5,000 or a prescribed amount)\n\n**Accountability and transparency:**\n\n*   Licensed charities must keep proper **audited accounts** and submit financial statements to the Minister\n*   The Minister publishes licence holder details and financial summaries on a website\n*   **Inspectors** can enter premises (with warrants for homes) to check records and investigate suspected breaches\n\n**Powers to crack down on dodgy operators:**\n\nThe Minister can **suspend or revoke** a licence if:\n*   Money is mismanaged or misappropriated\n*   Too much goes to paid collectors rather than the actual charity\n*   The organisation breaches conditions or acts dishonestly\n\n**Serious offences:**\n\n*   Collecting without authority: up to $8,000 fine\n*   Dishonest or deceptive conduct: up to $15,000 fine or 4 years imprisonment\n*   False statements or obstructing inspectors: up to $8,000 fine\n\n**Why it matters:**\n\nThis law protects donors from scams and ensures charitable dollars reach legitimate causes. It balances regulation with practicality—small volunteer efforts are exempt, while professional fundraisers and large charities face strict transparency requirements. The 2016 amendments streamlined the system by recognising national charity registration, reducing red tape for legitimate organisations."}},"importantCases":[],"_links":{"self":"/api/acts/collections-for-charitable-purposes-act-1939","history":"/api/acts/collections-for-charitable-purposes-act-1939/history","analysis":"/api/acts/collections-for-charitable-purposes-act-1939/analysis","conflicts":"/api/acts/collections-for-charitable-purposes-act-1939/conflicts","importantCases":"/api/acts/collections-for-charitable-purposes-act-1939/important-cases","documents":"/api/acts/collections-for-charitable-purposes-act-1939/documents"}}